St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-12-13
Commissioner Ives Says Most
of the Adulterated Milk Is
Sold on Sund ays.
Another Style of Horseshoe
Invented to Dodge the
Cable Line Slot.
Summary of the Doings OF
One Day Gathered From
Many Sources.
THE BOARD SUSTAINED.

Judge Nelson's Decision on the
Minneapolis Switching Charges.
Yesterday morning in the United
States circuit court Judge r. r. Nelson
delivered an important decision iii the
case of the Chicago. Milwaukee q st.
? Paul against the railway commissioners.
The com pany filed bill in equity ask
ing an injunction restraining the COM
misSiOners from enforcing rule eSta0-
lished by them fixing the charge for
switching at Minneapolis at 81. 1t was
claimed by respondents that the federal
court had no jurisdiction in the matter,
as the state law compelled corporations
TO she in state courts. In brief the de-
cision is as follows:
Judge Nelson held that the state law
of 1885 did not prevent the complainant
from properly bringing its bill in the
United States courts. for the reason
that while a corporation is a citizen of
the state in which it is created, it is not
entitled to recognition. as an absolute
right. in any other state; and conditions
not inconsistent with the constitution OF
the United States can be imposed by an
other state which recognizes it, but its
right TO sue in the federal courts de-
ponds alone upon the federal constitu-
lion and the laws passed in pursuance
thereof. and no state law can restrict 1t.
The act is an attempt to GUST the juris-
diction of the federal courts and compel
foreign corporation, without an cleo
ton in fact to become citizen OF the
state and force it to abandon the benefit
contemplated by the federal c0nStltu-
ton.
1t is claimed by the company that the
order of the commissioners is an inter
ference with interstate commerce and
therefore that its attempted enforce
ment should be restrained. 1t is shown
that many of the cars are loaded with
goods destined to points outside the
limits of the state of Minnesota.
The case presented is this: In order
to afford facilities to shippers this COM
pany has constructed short lines of
road. or switches, so called, from its
ward or depot or main line. running
through and across streets and high
WAYS to the various mills and manufact-
uring establishments in the city Of Min
neaDoliS. and its switches are SO built as
to enable it to take cars from the ship
pers at the mills and deliver them to-
other lines of railway. or deliver ears to
consignees received by it from other
roads. When this service is performed,
and the cars
ARE To BE TRANSPORTED
from the city of Minneapolis over other
roads. and where ears coming into the
city over other roads, are taken by the
complainant over its own switches and
delivered TO the other consignees.
charge of $50 per car is eXacted for
this service. and is claimed to be rea-
sonable and Just. But if the cars are 70
be transported over its own line to the
point of destination, or come into the
city over the cOmpany'S main road, the
service is free. and this separate and
distinct charge, when made, is only for
the local switching. The charge is not
part of the through rate fixed and deter
mined beforehand, and has no reference
to interstate shipment. The company in
performing this service is engaged in
interstate commerce only as the dray-
men who carry merchandise to rail-
road depot for shipment to points IN
other states. 1t is urged that the ears
when loaded with property transported
between different states, or with prop
erty to be transported outside of
the state of Minnesota, the switching
service is an act of interstate commerce
and the order promulgated by the COM
mission interfereS with that commerce.
Judge Nelson says the service is local,
and the act of the commission is in the
nature of a police regulation which the
state can enforce And even if it is con-
ceded that this carrying of freight over
the switches is an act of interstate COM
merce, it does not necessarily follow
that the order of the commission affect
ing this traffic is in violation of the con-
stitution of the United States. 1t is not
every act that effects such commerce
through regulation of it,and this order
fixing the price per car for a service
rendered and to which the order APP
plies is not related to the contract for
carving the freight outside the limits
of the state of Minnesota, and is not a
part of it. The motion for the prelim-
mary injunction is denied and the re-
straining order vacated